BANSHILAL SUTHAR Vs. UDAI LAL

JUDGEMENT

(1.) The appellant-defendant-tenant-Banshi Lal Suthar S/o. Shanker Lal Suthar being aggrieved by the judgments & decrees dated 18.7.1996 & 22.11.2007 passed by the learned District & Sessions Judge, Doongarpur in Civil Appeal No. 28/92 (Banshi Lal vs. Udai Lal & others) & Civil Appeal No. 2/2002 (Banshi Lal vs. Udai Lal & Ors.) respectively, filed the present two second appeals under Section 100 CPC. Upon death of Udai Lal in January, 2008, the Manager of Jain Shwetambar Bisha Porwal Dhramshala, Ruplal was taken on record vide order dated 29.6.2011. The facts giving rise to these two second appeals filed by the defendant-tenant Banshi Lal are like this.

(2.) In respect of suit shop measuring 15' x 20' situated at Shastri Marg, Near Bus Stand, Doongarpur, the plaintiff-respondent-Udai Lal S/o. Meerachand Mehta and Gehri Lal S/o. Kashi Lal representing Jain Shwetambar Bisha Porwal Dhramshala filed the suit for eviction no. 12/83 in the court of Civil Judge-cum-Chief Judicial Magistrate, Doongarpur against defendant Panna Lal S/o. Dadam Chand Ji Dholiya (present respondent No. 2 in Second Appeal No. 48/2008) and Banshi Lal S/o. Shanker Lal for eviction and recovery of arrears of rent of Rs. 908/-, which was decreed by the learned trial court on 25.8.1992 to the extent of arrears of rent upto 5.7.1983 and for payment of monthly rent of Rs. 454/- for the period 8.5.1983 to 5.7.1983 with interest @ 6% p.a. However, eviction decree was refused by the learned trial court holding that the defendant No. 2- Banshi Lal was not a sub-tenant of defendant No. 1-Panna Lal as the ground of subletting was not established by the plaintiff landlord under Section 13(1)(e) of the Rajasthan Rent Control Act, 1950.

(3.) The defendant-Banshi Lal filed first appeal before the learned Addl. District Judge, Doongarpur, in which the cross objections No. 9/93 were filed by the plaintiffs landlord and both, the appeal & cross objections were decided by the first appellate court on 18.7.96. The learned appellate court decreed the suit of eviction also and while dismissing the appeal of defendant-Banshi Lal, allowed the cross objections of landlord.